Disorderly Conduct Laws and Penalties

Being charged with disorderly conduct can mean several different things, because the term is so general.

What is Disorderly Conduct?

In an effort to keep
communities running smoothly, calmly, and peacefully, states and
municipalities have numerous laws that limit what people can do.
Whenever people engage in conduct that is likely to cause a disturbance
or lead to some sort of non-peaceful event, this behavior is often
prosecuted as disorderly conduct, sometimes referred to as “breach of
the peace.” Disorderly conduct charges are quite common when
rambunctious, and often intoxicated, people gather in groups or engage
in outrageous public displays. As you may imagine, disorderly conduct is
probably one of the most commonly filed criminal charges in any
jurisdiction.

Disorderly Conduct Laws

Disorderly
conduct laws differ significantly among states and municipalities, and
the type of conduct covered by these laws and ordinances is quite broad.
States typically categorize disorderly conduct as any behavior that is
likely to cause other people alarm, anger, annoyance, or an increased
likelihood to engage in unlawful activity. Let's take a look at what
disorderly conduct covers.

Circumstances: Many
disorderly conduct cases involve behavior that would not otherwise be
disorderly if it occurred in a different location or at a different
time. For example, someone shouting loudly in a residential neighborhood
street late at night is engaging in disorderly conduct, while someone
using the exact same language and voice volume in an industrial area in
the middle of a weekday is not.

Objectivity: When
a prosecutor charges someone with disorderly conduct, it isn't always
necessary for the prosecution to show that another person was alarmed by
the accused's conduct. Courts apply an objective standard when
determining disorderly conduct laws. This means that a prosecutor must
only show that a reasonable person would have been alarmed by the
conduct

Location: Some states prohibit
disorderly conduct in a public area, or conduct that disturbs the public
order, though others do not require the behavior to occur in public or
affect the public. Courts have held that public areas include such
places as public restroom stalls, carnivals, hospital emergency rooms,
and even private buildings available for public rental and
entertainment. When the conduct occurs in private, courts have held that
any conduct that disturbs others—typically neighbors—satisfies the
public requirement. When the law doesn't require a public element, it's
enough for the conduct to disrupt or disturb a single person's peace of
mind.

Specific Types of Activity

Because
of the differences in the laws defining disorderly conduct, what
constitutes such conduct in one state may not count as disorderly in
another. However, a range of behaviors often qualifies as disorderly
conduct, regardless of the state or municipality in which it occurs.

Fighting: Many
states and city prosecutors punish fighting, brawling, or physical
scuffles as disorderly conduct, even though more serious charges of
assault or battery may apply. However, the circumstances of each case
often determine whether a prosecutor charges the accused with assault,
battery, disorderly conduct, or more serious charges.

Protests: While
engaging in peaceful protests is a constitutionally protected right,
engaging in disruptive protests is not. For example, courts have held
that participants in a sit-in demonstration engaged in disorderly
conduct because they blocked traffic on a pedestrian walkway.

Disturbing an assembly: Interrupting a city council meeting, a public rally, or religious ceremony can be enough to qualify as disorderly conduct.

Public misconduct: Engaging
in what is normally private conduct in a public place is often charged
as disorderly conduct. Public urination, public masturbation, and public intoxication
can constitute disorderly conduct.

Police encounters: Many
disorderly conduct charges arise from encounters people have with the
police. For example, while arguing with a police officer does not count
as disorderly conduct, arguing with police while engaging in threatening
conduct or using any type of physical contact does. A person who fails
to comply with a police order to move away from a public area also
doesn't typically engage in disorderly conduct, unless the police
officer issued the order in a situation where crowd control was an
issue.

Disorderly Conduct Penalties

Disorderly conduct
is almost always punished as a misdemeanor offense, though it qualifies
as a felony in certain circumstances, such as when a person makes a
false report of a fire. State laws differ in the potential penalties
involved for a conviction of disorderly conduct, but they typically
include one or more of the following:

Jail: Jail
time for a conviction of disorderly conduct is typically short, though
state laws can allow for up to a year for a misdemeanor conviction.
While many disorderly conduct convictions involve no jail time,
especially for first-time offenders, courts often suspend a jail
sentence or order a person to “time served,” meaning the jail sentence
is satisfied by the time the person already spent in jail after the
initial arrest. For repeat offenders or more serious instances of
disorderly conduct, short jail terms of several days, weeks, or even
months are possible. Felony convictions bring with them the possibility
of a year or more in state prison.

Fines: Fines
are a very common punishment for disorderly conduct convictions. Fines
range widely, from as little as $25, to $1,000 or more. In many
situations, courts impose a fine instead of jail or probation, though a
fine may also be included with any jail or probation sentence.

Probation: Probation
sentences are a common sentence for disorderly conduct charges. A court
can sentence a person convicted of disorderly conduct to several months
or more of probation. If the person violates probation by, for example,
committing another act of disorderly conduct, the court will likely
impose a more significant penalty, such as a jail term or a higher fine.

Disorderly Conduct Laws by State

Consult the chart below to get state specific information for disorderly conduct laws and penalties. Click the link to your state to get comprehensive information.

Disorderly conduct is a class 1 misdemeanor, and penalties include a fine of up to $2,500, up to six months in jail, or both. However, recklessly handling, displaying, or discharging a deadly weapon or instrument is a class 6 felony, which incurs at least one (and up to two) years in prison.

Disorderly
conduct is a class 1 petty offense, and penalties include a fine of up to
$1,000, up to six months in jail, or both. Increased penalties may apply to
second and subsequent convictions. Penalties increase if the conduct
disrupted a funeral.

In Hawaii,
disorderly conduct is a violation and, like a traffic ticket, may incur a
fine but not jail time. However, more violent or disruptive disorderly
conduct, like failure to disperse, is a misdemeanor, and penalties include a
fine of up to $2,000, up to one year in jail, or both.

In Illinois,
penalties for disorderly conduct vary according to the severity of the
offensive conduct. They may include as little as a fine of up to $1,500, up
to 30 days in jail and up to two years' probation, or both; or as much as a
fine of up to $2,500, and up to ten years in prison

Disorderly
conduct is a class C misdemeanor, punishable by up to one month in jail and a
fine of up to $500. Participating in a riot, failure to disperse, and false
alarm are all class A misdemeanors, punishable by up to one year in county
jail and a fine of up to $2,500.

Picketing a
funeral is punishable by up to six months in jail, a fine of up to $500, or
both. Other kinds of disturbing the peace are punishable by up to 90 days in
jail, a fine of up to $100, or both.

Disturbing the
peace is a misdemeanor, punishable by up to 60 days in jail, a fine of up to
$500, or both. Unlawful picketing or assembly is punishable by up to 90 days
in jail, a fine up to $100, or both.

Being a
disorderly person is punishable by up to 90 days in jail, a fine of up to
$500, or both. Funeral picketing is a felony, punishable by up to two years
in prison, a fine of up to $5,000, or both.

Disorderly
conduct is a misdemeanor, punishable by up to six months in jail or a fine up
to $1,000, or both. Disorderly conduct by a caregiver of a vulnerable adult
is punishable by up to one year in jail, a fine of not more than $3,000, or
both.

Falsely
reporting a bomb is punishable by up to one year in jail, a fine of up to
$1,000, or both. Other kinds of disorderly conduct and failure to disperse
are punishable by up to ten days in jail or a fine of up to $100, or both.

Breach of the
peace, participating in a riot, unlawful assembly, refusing to leave a public
building and similar crimes are also misdemeanors. In Nevada, misdemeanors
are punishable by up to six months in jail, a fine up to $1,000, or both

Disorderly
conduct is a violation, punishable by a fine of up to $1,000, unless the
person has been asked by anyone to stop, in which case the crime is a
misdemeanor, punishable by up to one year in jail and a fine up to $2,000.

Disorderly
conduct crimes are either disorderly persons offenses (punishable by up to
six months in jail and a fine up to $1,000) or petty disorderly persons
offenses (punishable by up to 30 days in jail and a fine up to $500). For
smoking in public, the maximum fine is $200.

Disorderly
conduct, including interfering with a state building or an athletic event and
unlawful assembly are petty misdemeanors, punishable by up to six months in
jail or a fine up to $500, or both. Public affray is also a petty
misdemeanor.

Disorderly
conduct is a class B misdemeanor, punishable by up to 30 days in jail and a
fine of up to $1,000. Disorderly conduct at a funeral is also a class B
misdemeanor, but second or subsequent violations are class A misdemeanors,
punishable by up to one year in jail and a maximum of $2,000 in fines.

Disorderly
conduct is a minor misdemeanor, punishable by a fine of up to $150.
Aggravated disorderly conduct or disturbing a lawful meeting is a misdemeanor
in the fourth degree, punishable by up to 30 days in jail and a fine of up to
$250.

Disorderly
conduct is a Class B misdemeanor, punishable by up to six months in jail and
up to $2,500 in fines. Disorderly conduct at a funeral and calling in a false
report of an emergency at a school are Class A misdemeanors.

Disorderly
conduct, obstructing a road or sidewalk, refusing to move, and disrupting a
meeting are summary offenses in Pennsylvania (punishable by up to 90 days in
jail and a fine of up to $500), or misdemeanors of the third degree
(punishable by up to one year in jail and a fine of up to $2,500).

Like most
states, South Dakota treats public intoxication as a public health problem.
Public intoxication is not a crime, but a person who is drunk in public and
poses a danger to anyone can be taken into protective custody and held at a
treatment center.

Disorderly
conduct, public intoxication, and blocking a road or sidewalk are Class C
misdemeanors, punishable by up to 30 days in jail, a fine of up to $50, or
both. Disrupting a meeting is a Class B misdemeanor, punishable by up to six
months in jail, a fine of up to $500, or both.

Discharging a
firearm in public (but not on or across a public road) and displaying a
firearm are Class C misdemeanors, punishable by a fine of up to $500 but no
jail time. Other types of disorderly conduct (including discharging a firearm
on a public road) are Class B misdemeanors.

Disorderly
conduct is a class C misdemeanor (punishable by up to 90 days in jail and a
fine of up to $750) if the offense continues after someone has requested that
the defendant stop doing whatever he or she is doing. Otherwise, it is an
infraction.

Disorderly
conduct is punishable by up to 60 days in jail, a fine of up to $500, or
both. Making noise at night is punishable by a fine of up to $50. Rioting is
punishable by up to six months in jail, a fine of up to $100, or both.

Disorderly
conduct is a Class 1 misdemeanor, punishable by up to 12 months in jail, a
fine of up to $2,500, or both. The punishment for obstruction ranges from a
fine of up to $500 to up to 12 months in jail and a fine of up to $2,500.

Disorderly
conduct is punishable by up to 24 hours in jail, or a fine of up to $100.
Disturbing religious worship is punishable by as much as six months in jail
and a fine of $25 to $100. Disturbing a school, meeting, or celebration is
punishable by up to 30 days in jail and a fine of $10 to $50

Disorderly
conduct is a Class B misdemeanor, punishable by up to 90 days in jail, a fine
of up to $1,000, or both. Unlawful assembly is a Class A misdemeanor,
punishable by up to 9 months in jail, a fine of up to $10,000, or both jail
and a fine.

Breach of the
peace, funeral picketing, and fighting in public are all punishable by up to
six months in jail, a fine of up to $750, or both.

Legal Advice

Disorderly
conduct may seem like a minor charge, but it can have serious
consequences on a person's life. If you've been charged with disorderly
conduct, it's important to speak to a qualified attorney in your area.
Only an attorney who has experience with the local courts, police, and
laws is qualified to provide you legal advice about the charges you
face.